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Unit 21

TermDefinition
Abstract of Title The condensed history of a title to a particular parcel of real estate
Actual Notice Express information or fact; that which is known; actual knowledge
Affidavit A written statement sworn to before an officer who is authorized to administer an oath or affirmation
Arrears The opposite of "in advance", payment after the service has ended
Attorney's Opinion of Title A detailed examination, the attorney must then evaluate all the facts and material to write a report for the purchaser on the condition of ownership
Caveat Emptor A latin phrase meaning "Let the buyer beware"
Chain of Title A statement of opinion of title status on a parcel of real property based on an examination of specified public records
Closing Disclosure The statement of final loan terms and closing costs; is compared to the Loan Estimate (LE)
Constructive Notice Notice given to the world by recorded documents. Occupation of property is also considered as giving constructive notice
Credit On a closing statement, an amount entered in a person's favor that the person has already paid, an amount that the party must be reimbursed for
Debit A charge, an amount that the party being debited owes and must pay at the closing
Escrow Closing The closing of a transaction through a third party called an escrow agent. Also can refer to earnest money deposits or to mortgagees trust account for insurance and tax payments
Evidence of Title Proof of ownership of property; commonly a certificate of title, a tite insurance policy, an abstract of title with lawyers opinion, or a Torrens registration certificate
Marketable Title Good or clear title reasonably free from the risk of litigation over possible defects
Proration Expenses, either prepaid or paid in arrears, that are divided or distributed between buyer and seller at the closing
Public Records County's collection of documents relating to real estate
Real Estate Settlement Procedures Act (RESPA) Federal law regulating real estate closing
Realty Transfer Fee A seller fee, a prerequisite for recording the deed. Funds are shared between state and county, generally used for neighborhood revitalization, shore protection, and the states general fund
Suit to Quiet Title A court action intended to establish or settle the title to a particular property, especially when there is a cloud on the title
Title Insurance Policy A policy insuring the owner or mortgagee against loss by reason of defects in the title to a parcel of real estate, other than the encumbrances, defects, and matters specifically excluded by the policy
Uniform Settlement Statement (HUD-1) Required to be furnished to buyer and seller
Created by: MAK89
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